West v. City of College Park

Pannedl, Judge.

1. Where, as in the present case, on certiofari to a judgment of conviction in a recorder’s court the judge of the superior court enters an order sustaining the certiorari and remands the case to the judge of the recorder’s court for determination of a particular fact, the case stands for retrial in the recorder’s court de novo (Cox v. Snell, 77 Ga. 469), and in accordance with the instructions (see Georgia Railroad v. Bird, 76 Ga. 13; Mitchell v. Western &c. R. Co., 66 Ga. 242; Sapp v. Adams, 65 Ga. 600; Tison v. Savannah, Fla. &c. R. Co., 97 Ga. 366 (24 SE 456); Whiddon v.…